Seth Barrett Tillman on the New Emoluments Litigation
Michael Ramsey
At The Lemur, Maclain Conlin interviews Seth Barrett Tillman: An Exploration of the Original Public Meaning of the Domestic (Presidential) Emoluments Clause. From the introduction: Maclain Conlin: Before we delve into the legal arguments at stake in Sistrunk Seeds, Inc. v. Trump, could you please provide a brief overview of its fact pattern, the litigation which […]
Steven Calabresi on Justice Scalia
Michael Ramsey
At SCOTUSblog, Steven Calabresi: Justice Scalia’s originalist gambit. From the introduction: On the 40th anniversary of Justice Antonin Scalia’s swearing-in, I wanted to reflect on one major aspect of his legacy to the American people. As many SCOTUSblog readers are undoubtedly aware, Justice Scalia led the way to an astounding revival of textualism and originalism, […]
Chad Squitieri on the President’s Role in Lawmaking
Michael Ramsey
At SCOTUSblog, Chad Squitieri (Catholic): Respecting our multi-branch lawmaking process. From the introduction: [I]f the court wishes to better respect the Constitution’s design, the court should abandon its practice of regularly treating Congress as if that branch can unilaterally make law. Let’s start with some examples of the phenomenon in question. Judicial references to “Congress” […]
Eli Nachmany: Deference Undisturbed
Michael Ramsey
Eli Nachmany (Harvard Law School JD ’22) has posted Deference Undisturbed (101 Notre Dame Law Review 985 (2026)) (58 pages) on SSRN. Here is the abstract: The Supreme Court’s departure from Chevron deference threatened to upend the administrative state. To mitigate the consequences of its opinion in Loper Bright Enterprises v. Raimondo, the Court established […]
Vasan Kesavan: The Limits of Federal Judicial Discipline
Michael Ramsey
Vasan Kesavan (Independent) has posted The Limits of Federal Judicial Discipline (14 Tex. A & M L. Rev. (forthcoming 2027)) (83 pages) on SSRN. Here is the abstract: Federal judges, like other federal officials, sometimes misbehave. Judges may be impeached and removed from office for criminal and noncriminal misbehavior. Judges may be indicted, prosecuted, tried, convicted, […]
Saikrishna Prakash on Suncor v. Boulder County
Michael Ramsey
Originalist-oriented law professor Saikrishna Prakash (Virginia) has filed this amicus brief in support of petitioners in Suncor Energy (USA), Inc. v. Boulder County (to be argued at the Supreme Court on Monday, October 5). From the Introduction and Summary of Argument: Boulder would have this Court endorse a theory that would upend a world of […]
Ryan Williams: Murray’s Lessee, Non-Article III Adjudication, and the Fugitive Slave Act of 1850
Michael Ramsey
Ryan C. Williams (Brooklyn Law School) has posted Murray’s Lessee, Non-Article III Adjudication, and the Fugitive Slave Act of 1850 (102 Notre Dame L. Rev. (forthcoming)) (91 pages) on SSRN. Here is the abstract: Murray’s Lessee v. Hoboken Land & Improvement Co. is a cornerstone of both modern federal-courts doctrine and the modern administrative state. In […]
Mark Pulliam on Ted Cruz on Clarence Thomas
Michael Ramsey
At Law & Liberty, Mark Pulliam: Clarence Thomas, a Profile in Courage (reviewing Going Further: The Incomparable Clarence Thomas by Senator Ted Cruz). From the introduction: Supreme Court Associate Justice Clarence Thomas is remarkable in many ways. His unusual journey from impecunious, fatherless circumstances in Jim Crow-era Pin Point, Georgia, to Yale Law School and […]
Ryan J. Walsh & Michael A. Fragoso on the Suncor Energy Case
Michael Ramsey
Recently published, in the Notre Dame Journal of Law, Ethics and Public Policy: In Limine, Ryan J. Walsh & Michael A. Fragoso, Is the SCOTUS Climate Change Case a “Conservative Intuition in Search of a Constitutional Clause”? (8 Notre Dame J.L., Ethics & Pub. Pol’y: In Limine 1 (2026)). Here is the introduction: On the […]
Guha Krishnamurthi on Originalism, Textualism and Wolford v. Lopez
Michael Ramsey
At Dorf on Law, Guha Krishnamurthi: We Can’t Be Originalists *and* Textualists Now. From the introduction: In New York State Rifle & Pistol Association, Inc. v. Bruen, the Supreme Court set forth a new test to determine whether a particular firearms regulation is in accord with the original meaning of the Second Amendment: “history and […]